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Spain urges regions to limit Airbnb-style lets in ‘stressed rental areas’

Spain’s Housing Minister has called on the 17 regional governments to implement restrictions on short-term holiday lets in areas where rents for locals have spiked, as the national government continues to look for ways to address the country’s housing crisis. 

Spain urges regions to limit Airbnb-style lets in 'stressed rental areas'
Banners reading "No tourist flats" hang from a balcony to protest against holiday rental apartments for tourists in Barcelona's neighbourhood of Barceloneta. (Photo by PAU BARRENA / AFP)

Spain’s Housing and Urban Agenda Minister Isabel Rodríguez on Thursday said short-term holiday rentals “have to be limited” to guarantee access to housing to residents.

“Wherever there is a greater concentration of apartments for tourists, there is also pressure in the property market ,” Rodríguez told journalists at a press conference, adding that measures had to be implemented “with military precision” to ensure that Spaniards don’t spend more than 30 percent of their wages on rent or a mortgage.

For this, she called on all regional and municipal governments to make use of their executive powers to limit holiday lets in cities, towns and neighbourhoods where property prices are out of control.

“Stressed property markets” (zonas tensionadas), as described by the Spanish government, are those where residents spend more than a third of their monthly earnings on housing.

So far, Catalonia is the only region to declare its property and rental market “stressed”, giving them greater control over how much landlords can charge for rent.

Varying legislation restricting Airbnb-style rentals has already been introduced in recent years in numerous cities such as Valencia, Palma, Seville, Tarifa, Madrid, Barcelona, and San Sebastián, with varying degrees of success. 

But despite there being rules and regulations for this relatively new form of holiday accommodation, it hasn’t been enough to prevent places like Málaga city centre from having a higher ratio of tourists ‘living there’ than locals.

READ MORE: ‘Get the f*ck out of here’ – Málaga plastered with anti-tourism stickers

Asturias and the Canary Islands are two of the autonomous communities which are currently preparing to roll out restrictions on a regional level. 

READ MORE: How Spain’s Asturias region plans to limit short-term holiday lets

“I want to meet with the autonomous governments to discuss this matter with the Industry Minister, I do not want to encroach on their powers, but it is my concern as they’re (holiday lets) putting pressure on the residential market” Rodríguez stated.

Her words came after a meeting with the Spanish Cabinet which included Prime Minister Pedro Sánchez, Economy Minister Carlos Cuerpo and various representatives of Spain’s real estate market.

Spain’s increasing living and housing costs – coupled with a rise in tourists, digital nomads and other ‘affluent’ foreigners who seem unaffected by higher expenses – is causing unease among Spaniards who feel their quality of life is worsening. 

It’s unclear whether Spain’s national government is simply passing the buck to the regions over the gargantuan task of fixing the country’s housing crisis, but Madrid did decide to scrap the country’s golden visa scheme which granted residency to wealthy non-EU nationals who purchased a Spanish property worth €500,000.

Spain’s Housing Minister said they have to be “more agile” when dealing with “these emergencies” and “prioritise” residential housing. 

However, Spain currently lags behind the rest of EU when it comes to state-controlled social housing making up just 2.5 percent of the total, while in countries such as the Netherlands (30 percent), Austria (24 percent) and Denmark (20.9 percent) it is ten times that or more.

In fact, even with the Socialist government’s promise of providing 184,000 affordable housing units for rent, the number of legally registered holiday lets in Spain is far higher than that: 340,000.

READ ALSO: Why does hatred of tourists in Spain appear to be on the rise?

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MADRID

Madrid to suspend holiday-let licences as rent prices spiral

Madrid City Hall has announced it will temporarily suspend the granting of new licences for so-called tourist apartments in a bid to rein in a ballooning industry that's impacting prices and stock of long-term rents in Spain's capital.

Madrid to suspend holiday-let licences as rent prices spiral

Madrid authorities also announced they will not authorise the transformation of commercial properties into tourist accommodation in the centre of the city and will increase the fines for tourist properties that do not comply with regulations.

Madrid, like many other cities in Spain, has been suffering from a rise in illegal tourist accommodation with thousands swiftly popping up across the capital.

One of the main obstacles for regulators is how difficult it is to find out exactly how many there are. Madrid authorities have counted 14,699 tourist establishments in the city, 92 percent of which are for tourist accommodation. But, only 941 of these have a municipal licence, meaning the rest are illegal.

READ ALSO: Why Madrid is struggling with its explosion of illegal holiday lets

According to the Inside Airbnb platform though, there are 25,543 tourist apartments listed in the city.

In order to combat the issue,  Madrid City Hall will increase the amount of fines for owning and running one of these illegal holiday lets.

They will set the first penalty at €30,000, the second at €60,000 and the third level at €100,000. Those committing serious infringements or who keep renting out their flats without licences, even after warnings, may have to pay up to €190,000.

Current fines are only €1,000 for the first infringement. If they still don’t comply, a second fine of €2,000 is issued, and if the situation persists, a third penalty of €3,000 will be given.

The number of inspectors to check on tourist rentals will also be increased by 15 percent, up to 75.

In order to help holidaymakers know whether or not an apartment they’re interested in is legal or not, the city will also publish a list of flats with licences and their location on an official website.

“People who want to stay will know if they are in a legal or illegal accommodation and the consequences that may arise because of this” explained Mayor José Luis Martínez-Almeida.

In early 2019, former mayor Manuela Carmena approved a special Accommodation Plan to regulate tourist accommodation in the city. The new rule established among other requirements that tourist apartments should have an independent entrance from the rest of the neighbours.

According to her calculations, this would affect 95 percent of holiday lets in the city, essentially rendering them illegal. The rule was appealed by the sector, but the courts ended up agreeing with the City Council in 2021.

These rules were found to be insufficient as many holiday lets have continued to operate in the capital without a licence, and in late 2023 Martínez-Almeida promised to create new ones. 

Initial approval of the new plan is scheduled for September 2024 and final approval is expected to be in the first half of 2025. 

READ ALSO: Who really owns all the Airbnb-style lets in Spain?

The problem is not only the number of tourist rentals, but the issues they cause for residents. The Inspection and Disciplinary Service received 51 percent more complaints in 2023 than in 2022 that involved homes and apartments for tourist use: 686 compared to 454. 82 percent of which came from citizens.  

Of the total inspections carried out (4,093), it was verified that 478 homes were dedicated to tourist use and 243 were for residential use.

Not everyone is in agreement with the new plan. The Regional Federation of Neighbours of Madrid (FRAMV) believes Almeida’s plan is not enough and that the regulations should apply to the entire municipality not just the central areas.  

The spokesperson for Más Madrid in the City Council, Rita Maestre, has also spoken out against the plan. Maestre believes that the vast majority of tourist apartments already operate freely without a licence, and that the new legislation will do little to change that.

For Exceltur, Spain’s main tourism and hotelier association, there is not enough inspection capacity anywhere in Spain to be able to control that legislation is complied with.

Spain’s Housing Minister Isabel Rodríguez recently called on the 17 regional governments to implement restrictions on short-term holiday lets in areas where rents for locals have spiked, as the national government continues to look for ways to address the country’s housing crisis.

“Wherever there is a greater concentration of apartments for tourists, there is also pressure in the property market ,” Rodríguez said.

Even Madrid’s populist regional president Isabel Díaz Ayuso, whose policies are usually in favour of “freedom” and liberalisation, has said that they “are studying how to regulate holiday accommodation so that higher prices do not expel neighbours”.

Average monthly rent prices in Madrid currently stand at €20.7 per square metre, after registering an increase of 18.2 percent over the last twelve months and 4.8 percent in a quarter-on-quarter rate.

“Vacation rentals are having an impact on the market, especially in the historic centres of cities,” Madrid’s general director of Housing and Rehabilitation of the Community María José Piccio-Marchetti Prado, told Business Insider Spain.

“In Madrid you see it around Puerta del Sol, Plaza Mayor… where there are many tourist homes”.

READ ALSO: Which cities in Spain have new restrictions on tourist rentals?

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